Commission of the Inquiry Into the Wrongful Conviction of David Milgaard Honourable Mr
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Commission of the Inquiry Into the Wrongful Conviction of David Milgaard Honourable Mr. Justice Edward P. MacCallum, Commissioner Click on any heading to return to first page On Friday, February 20, 2004, Justice Minister Frank Quennel announced that the Honourable Mr. Justice Edward P. MacCallum of the Alberta Court of Queen’s Bench will conduct an inquiry into any and all aspects of the conduct of the investigation into the death of Gail Miller and the subsequent criminal proceedings resulting in the wrongful conviction of David Edgar Milgaard. The Commission of Inquiry will also have the responsibility to seek to determine whether the investigation should have been re-opened based on information subsequently received by the police and the Department of Justice. Mandate The Commissioner Commission Staff Terms of Reference Media Centre Schedule Legal Information Transcripts Applications & Rulings Parties to the Commission FAQs Witness List Public Documents Contact Final Submissions Final Report Commission of the Inquiry Into the Wrongful Conviction of David Milgaard Honourable Mr. Justice Edward P. MacCallum, Commissioner Click on any heading to return to first page FINAL REPORT Report of the Commission of Inquiry into the Wrongful Conviction of David Milgaard Volume 1 Appendices • Cover - Volume 1 • Appendix A: Master Chronology of Events • Opening Documents • Appendix B: Rasmussen Report • Chapter 1: Introduction • Appendix C: Emson’s Autopsy Report • Chapter 2: Chronology of Events and Persons • Appendix D: Trial Transcript Referenced in Report • Part 1 • Chapter 3: Overview of Facts • Part 2 • Chapter 4: Executive Summary • Part 3 • Chapter 5: Systemic Issues • Part 4 • Chapter 6: Canada’s Conviction Review Process • Part 5 • Chapter 7: Summary of Findings and Recommendations • Part 6 • Part 7 • Part 8 • Part 9 • Part 10 Volume 2 • Part 11 • Part 12 • Cover Volume 2 • Part 13 • Opening Documents • Appendix E: Appeal Judgment • Chapter 8: Investigation into the Death of Gail Miller • Appendix F: Crown Opening Address • Chapter 9: Investigation and Prosecution of David • Appendix G: Crown Closing Address Milgaard • Appendix H: Defence Closing Address • Chapter 10: Larry Fisher Arrest and Conviction • Appendix I: Jury Charge • Chapter 11: Post-Conviction Events • Appendix J: Nichol John Statement May 24, 1969 • Chapter 12: The Reopening of the Investigation • Appendix K: Memorandum of Law - s. 9(2) of the • Chapter 13: First s. 690 Application Canada Evidence Act • Chapter 14: Second s. 690 Application • Appendix L: Nichol John March 11, 1969 Statement • Chapter 15: Supreme Court Reference • Appendix M: Mackie Summary • Chapter 16: Michael Breckenridge Allegations • Appendix N: List of Witnesses • Chapter 17: RCMP Investigation – Flicker • Appendix O: Pearson’s Occurrence Report • Chapter 18: DNA Testing • Part 1 • Part 2 • Part 3 • Appendix P: Federal Minister’s Decision of February 27, 1991 • Appendix Q: Chronology of Activities – Sawatsky • Appendix R: Supreme Court of Canada Opinion • Appendix S: Criminal Code Provisions and Regulations Regarding Applications for Ministerial Review Commission of the Inquiry Into the Wrongful Conviction of David Milgaard Honourable Mr. Justice Edward P. MacCallum, Commissioner Click on any heading to return to first page MANDATE On February 20, 2004, the Government of Saskatchewan announced the appointment of the Honourable Mr. Justice Edward P. MacCallum of the Alberta Court of Queen’s Bench to conduct an inquiry into the wrongful conviction of David Milgaard. The Commission has a mandate to inquire into and report on any and all aspects of the conduct of the investigation into the death of Gail Miller, and the subsequent criminal proceedings resulting in the wrongful conviction of David Milgaard on the charge that he murdered Gail Miller. The Commission also has the responsibility to seek to determine whether the investigation should have been re-opened based on information subsequently received by the police and the Department of Justice. The Commission will report its findings and make such recommendations as it considers advisable relating to the administration of criminal justice in the province of Saskatchewan. As provided in the Public Inquiries Act, the Commission shall perform its duties without expressing any conclusion or recommendation regarding the civil or criminal liability of any person or organization, and without interfering in any ongoing criminal or civil proceeding. The Commission will deliver its final report containing its findings, conclusions and recommendations to the Attorney General of Saskatchewan, who will make the report public. Commission of the Inquiry Into the Wrongful Conviction of David Milgaard Honourable Mr. Justice Edward P. MacCallum, Commissioner Click on any heading to return to first page MEDIA CENTRE Background Information • Chronology of Events (October 21, 1968 - August 26, 2004) • Phases of Inquiry • Backgrounder - August 15, 2005 • Backgrounder - October 4, 2006 Media Advisories News Releases • February 20 - Inquiry Called Into Wrongful Conviction of David Milgaard Media Attendance in the Hearing Room Commission of the Inquiry Into the Wrongful Conviction of David Milgaard Honourable Mr. Justice Edward P. MacCallum, Commissioner Click on any heading to return to first page APPLICATIONS & RULINGS Applications • Application for Standing by Eugene Williams Q.C. • Submissions on behalf of the Federal Minister of Justice regarding the Constitutional Limitations on the Saskatchewan Inquiry into the Wrongful Conviction of David Milgaard • Reply of the Government of Saskatchewan to Submissions on Behalf of the Federal Minister of Justice regarding the Constitutional Limitations on the Saskatchewan Inquiry into the Wrongful Conviction of David Milgaard • Response on behalf of the Federal Minister of Justice to the Constitutional Submissions of the Government of Saskatchewan • Application for standing and funding by David Milgaard, March 16, 2004 • Application for standing and funding by Eddie Karst, March 16, 2004 • Application for standing by the Government of Saskatchewan, April 2, 2004 • Application for standing and funding by T.D.R. Caldwell, April 2, 2004 • Application for standing and funding by AIDWYC, April 5, 2004 • Application for standing and funding by Joyce Milgaard, April 5, 2004 • Application for standing by RCMP, April 5, 2004 • Application for standing and funding by Larry Fisher, April 6, 2004 • Application for standing and funding by the Saskatoon Police Service, April 6, 2004 • Application for standing and funding by Serge Kujawa, May 18, 2004 • Application for standing by the Attorney General of Canada, March 4, 2005 • Application for standing and funding by Calvin Tallis, February 24, 2005 • Application for standing and funding by David Asper, February 17, 2006 • Affidavit in support of David Asper’s Application for Standing and Funding Rulings • Decision on David Asper’s Application for Funding • Ruling on David Asper’s Application for Standing and Funding • Decision on Motion in the Matter of the Application on Behalf of David Milgaard for Accommodation • Ruling on Scope of Cross-Examination • Ruling on Larry Fisher’s Standing Review • Ruling on Joyce Milgaard’s Application for Travel and Accommodation Expenses While Attending the Inquiry • Ruling on Joyce Milgaard’s Application for Funding for Second Counsel • Ruling on Standing and Funding re. Saskatoon Criminal Lawyers Association and Serge Kujawa Federal Justice Application to Queen’s Bench • Court of Queen’s Bench Judgment - August 18, 2006 • Saskatchewan Justice Memorandum of Law • Asper Affidavit • Asper Memorandum of Fact & Law • Asper Memorandum re Commission Submissions • Federal Justice Memorandum of Fact & Law • Notice of Motion from the Attorney General of Canada - July 4, 2006 Commission of the Inquiry Into the Wrongful Conviction of David Milgaard Honourable Mr. Justice Edward P. MacCallum, Commissioner Click on any heading to return to first page PUBLIC DOCUMENTS Click here for Public Documents Commission of the Inquiry Into the Wrongful Conviction of David Milgaard Honourable Mr. Justice Edward P. MacCallum, Commissioner Click on any heading to return to first page THE COMMISSIONER HONOURABLE MR. JUSTICE EDWARD P. MACCALLUM Mr. Justice MacCallum was called to the bar in Alberta in 1965 and appointed to the Court of Queen’s Bench in 1983. In addition to his trial court responsibilities in Alberta, Justice MacCallum is a deputy judge in Nunavut, the Yukon Territories and the Northwest Territories. He was chairman of the Alberta Federal Electoral Boundaries Commission and served four terms as a sessional lecturer at the Faculty of Law at the University of Alberta. He was the Chairman of the Fatality Review Board for the Province of Alberta for five years. Commission of the Inquiry Into the Wrongful Conviction of David Milgaard Honourable Mr. Justice Edward P. MacCallum, Commissioner Click on any heading to return to first page SCHEDULE The Public Hearing convened for a total of 191 days between January 17, 2005 and October 4, 2006. View the complete schedule of hearing days and locations: • Month by Month Schedule View the monthly schedule of hearing days and locations: • January 2005 February 2005 March 2005 April 2005 May 2005 June 2005 July 2005 August 2005 September 2005 October 2005 November 2005 December 2005 January 2006 February 2006 March 2006 April 2006 May 2006 June 2006 July 2006 August 2006 September 2006 October 2006 December 2006 Commission